of June 19, 1992 No. 5
About practice of application by courts of the legislation on protection of honor, advantage and goodwill of citizens and the organizations
One of paramount tasks of court is protection of honor, advantage and goodwill of citizens and the organizations concerning which the damaging evidence is spread.
The law of the Republic of Uzbekistan "About mass media" provided prohibition to use mass media for intrusion into privacy of citizens, infringement of their honor, advantage and goodwill.
Citizens based on Art. 100 of the Civil Code of the Republic of Uzbekistan have the right to demand by court action confutation discrediting his honor, advantage or goodwill of data if spread such information does not prove that they are true.
In the conditions of forming of the market relations recovery of positive reputation of the organization, fair assessment of its activities in the public relation acquires also great value.
The plenum notes that in practice of courts in case of application of the law "About Mass Media" there are questions of what information is spread and whether they are discrediting. In decisions the specific method of confutation of the damaging evidence and term during which confutation shall follow is not always specified. The question of collection of court costs is not discussed.
Because of repeated adjournment, superficial suspension of proceeedings claimants by force abandon the claims as relevance of dispute in this connection the considerable number of statements is left without consideration is lost.
On the majority of cases there are no data on execution of decisions.
For the purpose of remedial action in work of the courts and considering the arisen questions, the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts that according to Art. 100 of Civil Code of the Republic of Uzbekistan and according to Art. 27 of the Law of the Republic of Uzbekistan "About mass media" the legal entity or physical person has the right to demand from edition of confutation published in mass media doubtful and discrediting his honor, advantage or goodwill of data.
2. Courts need to consider carefully cases on protection of honor, advantage and goodwill, meaning that the correct application of the legislation promotes realization of the rights of the citizens guaranteed by the Constitution of the Republic of Uzbekistan.
Requirements about confutation discrediting honor, advantage and goodwill of data are subject to judicial review irrespective of in what form and what method they are distributed.
3. According to Art. 27 of the Law of the Republic of Uzbekistan "About mass media" legal entities and physical persons, whose rights and legitimate interests are violated as a result of the publication, have the right to publish confutation or the answer in these mass media. The obligatory term of publication in newspapers - within one month from the date of receipt of confutation or the answer, in other periodicals - in the future issue.
The legal entity and physical person has the right to appeal with the claim to court in case of evasion of mass media from the publication of confutation or the answer or violation of fixed term of the publication.
4. The action for declaration about protection of honor, advantage and goodwill is subject to payment by the state fee as the statement of non-property nature. If requirement about collection of material and moral damage is at the same time imposed, the national duty is collected in accordance with general practice, proceeding from the claim price.
5. Explain to courts that the claimant shall produce the evidence in confirmation of the distribution fact about it the damaging evidence person to whom the claim is made.
In case of submission of the action for declaration without observance of requirements of articles 189 and 190 GPK, it returns to the claimant based on part one item 4 of Article 195 GPK the corresponding determination of the judge. Return of the action for declaration does not interfere with repeated appeal to the court in general procedure after elimination of the allowed violations.
6. According to the procedure, the Civil Code provided by Art. 100, requirements about confutation of the data containing in judgments and sentences, resolutions of investigating bodies and other official documents for which appeal the law provides other procedure cannot be considered.
7. According to the p. 2 of Art. 100 of group of companies the interested person has the right to judicial honor and dignity protection and in that case when the damaging evidence is spread concerning the died member of his family or other relative.
If the damaging evidence is spread concerning the minor or person recognized in accordance with the established procedure incapacitated the statement for protection of their honor and advantage legal representatives (parents, adoptive parents, guardians), custodians or the prosecutor according to the procedure Article 50 GPK have the right to give.
8. It is necessary to understand publication as distribution of the data discrediting honor, advantage and goodwill of legal entity or physical person them in mass media, statement in the office characteristics, public statements, statements addressed to officials or the message in other, including oral form to several persons or at least one person.
The message of such data cannot only be recognized to person whom they concern their distribution.
The citizen who is told offensive for him, and also the slanderous data having the right to address to relevant organs with the statement for involvement of person who spread such information to criminal liability under articles 139 and 140 of the Criminal code of the Republic of Uzbekistan or to the administrative responsibility under articles 40 and 41 of the Code of the Republic of Uzbekistan about the administrative responsibility.
9. Explain to courts that such data which belittle honor, advantage and goodwill in public opinion or opinion of certain citizens from the point of view of compliance with laws, the moral principles of society are considered as the damaging evidence.
Requirements about confutation of the data containing the untrue criticism of shortcomings of work, behavior in the public place, collective, life cannot be recognized reasonable.
10. According to the procedure of preparation of case for legal proceedings it is necessary to find out proper defendants in case, meaning that if the statement contains the requirement about confutation of the information spread in mass media as defendants the author and relevant organ of mass information is attracted. When data contain in official reports (Art. 40 of the Law of the Republic of Uzbekistan "About mass media"), the court can involve as the codefendant and person who originally spread the false information.
In claims for confutation of the damaging evidence stated in office characteristics, defendants are persons which signed them, and the companies, organizations, the organizations on behalf of which the characteristic is issued.
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